Bill comes after two parents were recently classified as employees of the state by the Supreme Court
The New Zealand government has introduced a new legislation that aims to overturn the Supreme Court's recent ruling to classify family carers as employees of the government.
Disability Issues Minister Louise Upston said the Disability Support Services (DSS) Bill "establishes foundations and sets a clear framework" for how DSS operates.
"It sets out what the disability support system does, its purpose, and how public funding can be used," Upston said in a statement.
The DSS is a business group under the Ministry of Social Development that coordinates and funds support services, equipment, and residential care for disabled people and their families each year.
According to Upston, the bill also responds to the ruling of the Supreme Court in December that classified two parents, Christine Fleming and Peter Humphreys, as employees of the state.
The Supreme Court's decision found that both parents were "homeworkers" and employees of the Ministry of Social Development, with Fleming's actions to care for her son falling within the definition of "work" under the Minimum Wage Act 1983, Stuff reported.
The government's new bill will not affect the decisions involving Fleming and Humphreys, according to Upston. However, it aims to put a stop to similar claims moving forward.
"I believe there are better ways to recognise and support carers than treating family members as state employees," the minister said.
"I have commissioned further work in this space and will be consulting on a package for carers. I expect to make further announcements soon to better recognise support for carers."
Supporting disabled people, family, carers
Upston said the priority is to fix the basics of disability support and build a "sustainable future" that disabled people, their families, and carers can rely on.
Under the bill, the minister said eligible disabled people, their whānau, and carers will continue to receive the support they rely on.
The proposed legislation will also not change existing services, funding allocations, or who can receive disability support services. But it will provide clarity on what DSS provides and how it fits with other supports.
"This Bill clarifies that DSS funding is a contribution toward disabled people being able to live an everyday life. It makes clear that families and whānau have responsibility for the wellbeing of their members in the first instance and where appropriate," Upston said.
"This reflects the way that DSS already works. It doesn't mean that DSS won't help where disabled people's families support them."
After its first reading, the Disability Support Services Bill is expected to be referred to the Social Services and Community Committee for consideration.
